C/SCA/69/2011 ORDER DATED: 30/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 69 of 2011 ========================================================== SHRI SHASTRI HARIPRAKASHJI MANAGING TRUSTEE Versus PRATAPJI M THAKOR & ANR. ========================================================== Appearance: MS DHARA M SHAH(5546) for the Petitioner(s) No. 1 MR DHIRAJ M PATEL(2846) for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 30/07/2025 ORAL ORDER 1. Heard learned advocate Ms. Dhara M. Shah for the petitioner and learned advocate Mr. Dhiraj M. Patel for the respondents. 2. After arguing for some time, under the instruction of her client, learned advocate Ms. Shah does not press the present writ application. Nonetheless, learned advocate would submit that the decree in question has been passed in favour of the petitioner, whereby perpetual injunction has been granted, thereby in case of any difficulty, the petitioner may be permitted to file a fresh execution application. 3. Permission as sought for, is granted. It is always open for the petitioner to file an appropriate execution C/SCA/69/2011 ORDER DATED: 30/07/2025 application for execution of decree whereby, perpetual injunction has been granted in favour of the petitioner/ decree holder. All rights and contentions of the respective parties are hereby kept open to be decided by the Executing Court in a case where any fresh execution application will be filed by the petitioner. It is made clear that this Court has neither gone into nor examined the merit of the matter. 4. With the aforesaid observation and liberty reserved in favour of the petitioner, the present writ application is disposed of as withdrawn. Rule is discharged. (MAULIK J.SHELAT,J) SALIM/ Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOHAMMAD SALIM(HC01108), STENO GR II, at High Court of Gujarat on 30/07/2025 16:27:20